HOUSE BILL NO. 590
INTRODUCED BY B. LAWSON, B. DEPRATU, S. ANDERSON, B. BARNHART, S. BOOKOUT-REINICKE, R. CLARK, A. ELLIS, D. FUCHS, P. SLITER, R. SOMERVILLE, C. YOUNKIN
A BILL FOR AN ACT ENTITLED: "AN ACT AUTHORIZING THE SUPERINTENDENT OF PUBLIC INSTRUCTION
TO REQUIRE FINGERPRINTING AND A NAME-BASED CRIMINAL BACKGROUND CHECK OF AN APPLICANT
FOR TEACHER, SPECIALIST, OR ADMINISTRATOR CERTIFICATION; ALLOWING THE SUPERINTENDENT OF
PUBLIC INSTRUCTION TO ISSUE A TEMPORARY PRACTICE PERMIT; ALLOWING THE SUPERINTENDENT
OF PUBLIC INSTRUCTION TO SHARE INFORMATION WITH SCHOOL DISTRICTS; IMPOSING A FEE FOR
FINGERPRINTING AND CONDUCTING THE BACKGROUND CHECK; ALLOWING PUBLIC SCHOOL
DISTRICTS TO REQUIRE CONSENT TO FINGERPRINTING AND A NAME-BASED CRIMINAL BACKGROUND
CHECK BY AN APPLICANT FOR A NONCERTIFIED PAID OR VOLUNTEER POSITION INVOLVING REGULAR,
UNSUPERVISED ACCESS TO PUPILS; ALLOWING SCHOOL DISTRICTS TO IMPOSE A FEE FOR
FINGERPRINTING AND CONDUCTING A BACKGROUND CHECK; AUTHORIZING A BUSINESS OR
ORGANIZATION THAT PROVIDES SERVICES TO CHILDREN TO REQUIRE CONSENT TO FINGERPRINTING
AND A NAME-BASED CRIMINAL BACKGROUND CHECK BY AN APPLICANT FOR A PAID OR VOLUNTEER
POSITION; AUTHORIZING A BUSINESS OR ORGANIZATION TO IMPOSE A FEE FOR FINGERPRINTING AND
CONDUCTING A NAME-BASED CRIMINAL BACKGROUND CHECK; AUTHORIZING THE DISSEMINATION OF
CRIMINAL HISTORY RECORD INFORMATION TO THE SUPERINTENDENT OF PUBLIC INSTRUCTION
RELATING TO AN APPLICANT FOR TEACHER, SPECIALIST, OR ADMINISTRATOR CERTIFICATION;
AUTHORIZING THE DISSEMINATION OF CRIMINAL HISTORY RECORD INFORMATION TO THE TRUSTEES
OF A SCHOOL DISTRICT RELATING TO AN APPLICANT FOR A NONCERTIFIED PAID OR VOLUNTEER
POSITION IN A SCHOOL DISTRICT; AUTHORIZING THE DISSEMINATION OF CRIMINAL HISTORY RECORD
INFORMATION TO A BUSINESS OR ORGANIZATION THAT PROVIDES SERVICES TO CHILDREN;
PROVIDING A CONTINGENT VOIDNESS PROVISION; AMENDING SECTION 44-5-302, MCA; AND PROVIDING
AN EFFECTIVE DATES DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
NEW SECTION. Section 1. Fingerprinting and NAME-BASED CRIMINAL background check for certification
-- fee. (1) (a) The superintendent of public instruction shall require an applicant for a teacher, specialist, or administrative
certificate, classes one through seven, and for any other certificate established after [the effective date of this act] who has
never previously been issued a certificate of any kind by the superintendent of public instruction in the state of Montana to
submit to fingerprinting and a NAME-BASED CRIMINAL background check as a condition of application. The
superintendent of public instruction may not issue a certificate to the applicant until state and federal authorities have
reported the results of the fingerprinting and the background check to the superintendent of public instruction.
(b) The superintendent of public instruction shall consider the information obtained from the results of the
fingerprinting BACKGROUND CHECK under the provisions of Title 37, chapter 1, part 2, governing the licensure of
criminal offenders, and under 2-4-110 20-4-110(1)(E). Conviction, including conviction following a plea of nolo
contendere, a conviction in which the sentence is suspended or deferred, or any other adjudication treated by the court as a
conviction may be considered by the superintendent of public instruction in the license CERTIFICATION application
process if the conviction was for a sexual offense, a crime involving violence or the sale of drugs, theft, or any other crime
meeting the criteria of Title 37, chapter 1, part 2.
(c) The superintendent of public instruction may issue a temporary practice permit to a person otherwise qualified,
pending the completion of a background check. The permit must designate on its face that the holder's background check
has not been completed. The person may practice under the permit until a license CERTIFICATE is granted or until a
notice of proposal to deny a license CERTIFICATE is issued by the superintendent of public instruction.
(d) The superintendent of public instruction shall share the results of a background check with any school district in the
state of Montana that makes a written request for the information with respect to an applicant for employment with the
school district that makes the request.
(2) The superintendent of public instruction shall assess a fee of $35 $60 $33 for fingerprinting and conducting the
background check. THE FEE MUST BE DEPOSITED IN THE SPECIAL REVENUE ACCOUNT ESTABLISHED IN
[SECTION 2].
NEW SECTION. SECTION 2. SPECIAL REVENUE ACCOUNT -- USE OF FUNDS. (1) THERE IS AN
ACCOUNT IN THE STATE SPECIAL REVENUE FUND FOR THE PURPOSE OF PROCESSING FINGERPRINTS
AND CONDUCTING NAME-BASED CRIMINAL BACKGROUND CHECKS OF APPLICANTS FOR
CERTIFICATION UNDER [SECTION 1]. MONEY FROM FEES FOR FINGERPRINTING AND CONDUCTING
BACKGROUND CHECKS REQUIRED IN [SECTION 1] MUST BE DEPOSITED IN THE ACCOUNT.
(2) MONEY IN THE ACCOUNT MUST BE USED FOR THE ADDITIONAL PERSONNEL THAT ARE
NECESSARY TO CARRY OUT THE SUPERINTENDENT OF PUBLIC INSTRUCTION'S OBLIGATION TO
PROCESS FINGERPRINTS AND CONDUCT BACKGROUND CHECKS OF APPLICANTS FOR CERTIFICATION
UNDER [SECTION 1] AND TO DEFRAY THE EXPENSES OF THE SUPERINTENDENT OF PUBLIC
INSTRUCTION IN DISCHARGING THE ADMINISTRATIVE DUTIES IN RELATION TO [SECTION 1].
(3) ANY EXCESS FEES MUST BE DEPOSITED IN THE GENERAL FUND.
NEW SECTION. Section 3. Fingerprinting and NAME-BASED CRIMINAL background checks for school
employees and volunteers -- fee. (1) The trustees of a school district may require an applicant for a paid
or a volunteer position with the school district involving regular, unsupervised access to pupils, other
than an applicant for a position that requires certification from the superintendent of public instruction,
to consent to fingerprinting and a NAME-BASED CRIMINAL background check as a condition of
application. Information regarding arrests without conviction may not be considered in the hiring or
appointment process of the school district. Information regarding criminal convictions may be considered
if the conviction relates to the public health, welfare, or safety as it applies to the position sought.
(2) The trustees may:
(a) assess a fee of $35 $32 $5 for fingerprinting and conducting the background check AND SHALL
DEPOSIT THE FEE IN THE SPECIAL REVENUE ACCOUNT ESTABLISHED IN [SECTION 5]; or
(b) absorb the cost for fingerprinting and conducting the background check into the budget of an
existing program.
NEW SECTION. SECTION 4. FINGERPRINTING AND NAME-BASED CRIMINAL BACKGROUND
CHECKS FOR BUSINESSES OR ORGANIZATIONS PROVIDING SERVICES TO CHILDREN -- FEE. (1) A
BUSINESS OR ORGANIZATION THAT PROVIDES CARE, TREATMENT, EDUCATION, TRAINING,
INSTRUCTION, SUPERVISION, OR RECREATION FOR CHILDREN MAY REQUIRE AN APPLICANT FOR A PAID
OR VOLUNTEER POSITION WITH THE BUSINESS OR ORGANIZATION TO CONSENT TO FINGERPRINTING
AND A NAME-BASED CRIMINAL BACKGROUND CHECK AS A CONDITION OF APPLICATION.
(2) THE BUSINESS OR ORGANIZATION MAY ASSESS A FEE OF $32 $5 FOR FINGERPRINTING AND
CONDUCTING THE BACKGROUND CHECK. THE FEE MUST BE DEPOSITED IN THE SPECIAL REVENUE
ACCOUNT ESTABLISHED IN [SECTION 5].
NEW SECTION. SECTION 5. SPECIAL REVENUE ACCOUNT -- USE OF FUNDS. (1) THERE IS AN
ACCOUNT IN THE STATE SPECIAL REVENUE FUND FOR THE PURPOSE OF PROCESSING FINGERPRINTS
NAME-BASED CRIMINAL BACKGROUND CHECK REQUESTS RECEIVED UNDER [SECTIONS 1, 3, AND 4].
FEES PAID FOR THE PROCESSING OF FINGERPRINTS BY THE DEPARTMENT OF JUSTICE FOR ANY PUBLIC
OR PRIVATE AGENCY, ORGANIZATION, OR BUSINESS UNDER THE PROVISIONS OF [SECTIONS 1, 3, AND 4]
MUST BE DEPOSITED IN THE ACCOUNT.
(2) MONEY IN THE ACCOUNT MUST BE USED FOR THE ADDITIONAL PERSONNEL THAT ARE NECESSARY
TO CARRY OUT THE DEPARTMENT OF JUSTICE'S OBLIGATION TO PROCESS FINGERPRINTS REQUESTS
RECEIVED UNDER [SECTIONS 1, 3, AND 4] AND TO DEFRAY THE EXPENSES OF THE DEPARTMENT OF
JUSTICE IN DISCHARGING ITS ADMINISTRATIVE DUTIES IN RELATION TO FINGERPRINT PROCESSING
BACKGROUND CHECK REQUESTS UNDER [SECTIONS 1, 3, AND 4].
(3) AT THE END OF EACH FISCAL YEAR, ANY EXCESS FEES MUST BE DEPOSITED IN THE GENERAL FUND THAT EXCEED A 60-DAY WORKING CAPITAL RESERVE.
Section 6. Section 44-5-302, MCA, is amended to read:
"44-5-302. Dissemination of criminal history record information that is not public criminal justice information. (1) Criminal history record information may not be disseminated to agencies other than criminal justice agencies unless:
(a) the information is disseminated with the consent or at the request of the individual about whom it relates according to procedures specified in 44-5-214 and 44-5-215;
(b) a district court considers dissemination necessary;
(c) the information is disseminated in compliance with 44-5-304; or
(d) the agency receiving the information is authorized by law to receive it.
(2) (A) The department of justice and other criminal justice agencies may accept fingerprints of from and
may provide available local, state, multistate, federal (to the extent allowed by federal law), and other
criminal history record information to:
(a) the state bar for licensing purposes, with respect to applicants for admission to the state bar of
Montana and shall, with respect to a bar admission applicant whose fingerprints are given to the
department or agency by the state bar, exchange available state, multistate, local, federal (to the
extent allowed by federal law), and other criminal history record information with the state bar for
licensing purposes; AND.
(b) THE DEPARTMENT OF JUSTICE AND OTHER CRIMINAL JUSTICE AGENCIES MAY ACCEPT
NAME-BASED CRIMINAL BACKGROUND CHECK REQUESTS FROM AND MAY PROVIDE AVAILABLE
LOCAL, STATE, MULTISTATE, FEDERAL (TO THE EXTENT ALLOWED BY FEDERAL LAW), AND OTHER
CRIMINAL HISTORY RECORD INFORMATION TO the superintendent of public instruction for licensing
CERTIFICATION purposes, with respect to applicants for all certificates issued by the superintendent
under the provisions of Title 20;, SUBJECT TO THE LIMITATIONS IN [SECTION 1].
(c) the (3) (A) THE trustees of a school district for employment or appointment purposes, with respect to
UNDER [SECTION 3] MAY SUBMIT FINGERPRINTS NAME-BASED CRIMINAL BACKGROUND CHECK
REQUESTS TO THE DEPARTMENT OF JUSTICE OF applicants for paid and volunteer positions involving
regular, unsupervised access to pupils of the district, other than applicants for a position that requires
certification from the superintendent of public instruction, with the exception of information regarding
arrests without conviction; and. IN SUBMITTING THE FINGERPRINTS REQUEST FOR PROCESSING, THE
TRUSTEES SHALL INCLUDE A SIGNED STATEMENT OF THE APPLICANT WHOSE FINGERPRINTS ARE NAME
IS SUBMITTED THAT INCLUDES:
(I) THE NAME, ADDRESS, AND DATE OF BIRTH OF THE APPLICANT;
(II) CONFIRMATION THAT THE APPLICANT CLAIMS TO NOT HAVE BEEN CONVICTED OF ANY CRIME OR A COMPLETE DESCRIPTION OF THE CIRCUMSTANCES IF THE PROSPECTIVE EMPLOYEE OR VOLUNTEER ADMITS TO HAVING BEEN CONVICTED OF A CRIME;
(III) NOTIFICATION TO THE APPLICANT THAT THE TRUSTEES MAY REQUEST A BACKGROUND CHECK;
(IV) NOTIFICATION TO THE APPLICANT OF THE RIGHT TO OBTAIN A COPY OF THE REPORT AND CHALLENGE ITS ACCURACY; AND
(V) NOTIFICATION TO THE APPLICANT THAT PRIOR TO THE COMPLETION OF THE CHECK, REGULAR UNSUPERVISED ACCESS TO CHILDREN MAY BE LIMITED OR DENIED.
(B) UPON RECEIPT OF A SET OF FINGERPRINTS AND THE ADDITIONAL INFORMATION REQUIRED
UNDER THIS SUBSECTION (3), THE DEPARTMENT OF JUSTICE SHALL REVIEW STATE AND FEDERAL
RECORDS THROUGH THE FEDERAL BUREAU OF INVESTIGATION. THE DEPARTMENT OF JUSTICE SHALL
REPORT TO THE TRUSTEES WHETHER THE APPLICANT HAS BEEN CONVICTED OF OR IS UNDER PENDING
CHARGES FOR ANY CRIME INVOLVING VIOLENCE, A SEXUAL OFFENSE, THE SALE OR DISTRIBUTION OF
ILLEGAL DRUGS, THEFT, OR FRAUD.
(d) a (4) (A) A business or organization that provides care, treatment, education, training, instruction,
supervision, or recreation for children, whether public, private, for-profit, nonprofit, or voluntary
QUALIFIES UNDER [SECTION 4] MAY SUBMIT FINGERPRINTS NAME-BASED CRIMINAL BACKGROUND
CHECK REQUESTS TO THE DEPARTMENT OF JUSTICE OF REGARDING APPLICANTS FOR PAID OR
VOLUNTEER POSITIONS. IN SUBMITTING THE FINGERPRINTS REQUEST FOR PROCESSING, THE BUSINESS
OR ORGANIZATION SHALL INCLUDE A SIGNED STATEMENT OF THE APPLICANT WHOSE FINGERPRINTS
ARE NAME IS SUBMITTED THAT INCLUDES:
(I) THE NAME, ADDRESS, AND DATE OF BIRTH OF THE APPLICANT;
(II) CONFIRMATION THAT THE APPLICANT CLAIMS TO NOT HAVE BEEN CONVICTED OF ANY CRIME OR A COMPLETE DESCRIPTION OF THE CIRCUMSTANCES IF THE APPLICANT ADMITS TO HAVING BEEN CONVICTED OF A CRIME;
(III) NOTIFICATION TO THE APPLICANT THAT THE BUSINESS OR ORGANIZATION MAY REQUEST A BACKGROUND CHECK;
(IV) NOTIFICATION TO THE APPLICANT OF THE RIGHT TO OBTAIN A COPY OF THE REPORT AND CHALLENGE ITS ACCURACY; AND
(V) NOTIFICATION TO THE APPLICANT THAT PRIOR TO THE COMPLETION OF THE BACKGROUND CHECK, REGULAR UNSUPERVISED ACCESS TO CHILDREN MAY BE LIMITED OR DENIED.
(B) UPON RECEIPT OF A SET OF FINGERPRINTS AND THE ADDITIONAL INFORMATION REQUIRED
UNDER THIS SUBSECTION (4), THE DEPARTMENT OF JUSTICE SHALL REVIEW STATE AND FEDERAL
RECORDS THROUGH THE FEDERAL BUREAU OF INVESTIGATION. THE DEPARTMENT OF JUSTICE SHALL
REPORT TO THE BUSINESS OR ORGANIZATION WHETHER THE APPLICANT HAS BEEN CONVICTED OF OR
IS UNDER PENDING CHARGES FOR ANY CRIME INVOLVING VIOLENCE, A SEXUAL OFFENSE, THE SALE OR
DISTRIBUTION OF ILLEGAL DRUGS, THEFT, OR FRAUD."
NEW SECTION. Section 7. Codification instruction. (1) [Section SECTIONS 1 AND 2] is ARE intended to
be codified as an integral part of Title 20, chapter 4, part 1, and the provisions of Title 20, chapter 4, part 1,
apply to [section SECTIONS 1 AND 2].
(2) [Section 2 3] is intended to be codified as an integral part of Title 20, chapter 3, part 3, and the
provisions of Title 20, chapter 3, part 3, apply to [section 2 3].
(3) [SECTION 4] IS INTENDED TO BE CODIFIED AS AN INTEGRAL PART OF TITLE 52, CHAPTER 2, AND THE PROVISIONS OF TITLE 52, CHAPTER 2, APPLY TO [SECTION 4].
(4) [SECTION 5] IS INTENDED TO BE CODIFIED AS AN INTEGRAL PART OF TITLE 44, CHAPTER 5, AND THE PROVISIONS OF TITLE 44, CHAPTER 5, APPLY TO [SECTION 5].
NEW SECTION. Section 8. Contingent voidness. (1) If Constitutional Initiative No. 75, enacting Article
VIII, section 17, of the Montana constitution, is declared invalid, then [section 1] is effective on the date of
the determination of invalidity.
(2) If [LC 1334] is submitted to and is not approved by the electorate, then [section 1] is void.
NEW SECTION. Section 8. Effective dates DATE. (1) Except as provided in subsection (2), [this [THIS act]
is effective July 1, 1999.
(2) [Section 1] is effective upon the occurrence of the contingency provided for in [section 5(1) 8(1)].
- END -
Latest Version of HB 590 (HB0590.03)
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